High Court of Kerala rejected a bail application filed by two accused persons under Section 438 Cr.P.C. in a rioting case involving grievous injuries caused with iron rods. The court dismissed the plea to grant pre-arrest bail.
Bail application dismissed without granting bail to the applicants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
SATURDAY, THE 26TH DAY OF OCTOBER 2019 / 4TH KARTHIKA, 1941
Bail Appl..No.7535 OF 2019
CRIME NO.2482/2019 OF KAYAMKULAM POLICE STATION , ALAPPUZHA
PETITIONER/S:
1 ASLAM AGED 24 YEARS S/O. MOHAMMED KUNJU, ARUNIL KIZHAKKATHIL, MEMANA OAXHIRA P.O., KOLLAM DISTRICT, PIN - 690 526
2 ANAS SHARAF AGED 24 YEARS S/O. SHARAFUDHEEN, AJAS MANZIL, MEMANA, OACHIRA P.O., KOLLAM DISTRICT, PIN - 690 526
BY ADVS. SRI.OMAR SALIM SRI.S.S.SANTHOSH KUM. K. REMIYA RAMACHANDRAN SHRI.BILAL NIAMATHULLA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, KERALA, PIN - 682 031
2 SUB INSPECTOR OF POLICE KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, KERALA - 688 524
OTHER PRESENT:
SRI. REMESH CHAND PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7535 OF 2019
..2..
ORDER
This application is filed under Section 438 of the Cr.P.C.
Bail Appl..No.7535 OF 2019
..3..
7. The learned counsel appearing for the applicant
submits that the applicant is prepared to co-operate with the investigation and prays for issuance of necessary orders. The applicant shall surrender before the investigating officer forthwith and co-operate with the investigation. On production before the jurisdictional court, if an application for regular bail is preferred, the same shall be considered and orders shall be passed on merits, ideally on the same day itself.
This application is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Bka/26.10.2019
2 issues framed by the court
Whether pre-arrest bail should be granted to the applicants who are accused of rioting and causing grievous injury.
Whether the severity of injuries sustained by the victims warrants rejection of the bail application.
2 provisions across 2 enactments
ASLAM
ANAS SHARAF
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
